Government rolls up sleeves to save DTP deputies

The Ankara 11th High Criminal Court ruled in two decisions that came on Tuesday and Wednesday to use the police to bring Democratic Society Party (DTP) parliamentary group deputy leader Selahattin Demirtaş, the party's deputy chairwoman, Emine Ayna, and DTP İstanbul deputy Sebahat Tuncel to a judicial hearing slated for Dec. 29. Pundits worry that using police force to bring the deputies to court might terminate the government's ongoing democratization package, devised to solve the country's long-standing Kurdish question peacefully.

Demirtaş, Ayna and Tuncel have been called to testify in court regarding earlier statements both made which, a prosecutor claims, amount to separatism and promoting the cause of the terrorist Kurdistan Workers' Party (PKK). The three deputies are not being protected by their parliamentary immunity under an interpretation of Article 14 of the Constitution that allows immunity to be ignored in cases of “crimes directed at the inseparable integrity of the state, country and the nation” if the court cases are opened before the individuals are elected to Parliament. The court's decision shows that the prosecution's argument, which holds that promoting the cause of a terrorist organization, falls under the category defined in Article 14.

The court will adjourn on Dec. 29, when the three deputies may be brought forcibly to court by the police. Demirtaş, Ayna and Tuncel stand accused of “promoting the cause of a terrorist organization” in separate cases over speeches they made during party demonstrations.

DTP leader Ahmet Türk is also facing similar charges over past statements. In Tuesday's hearing, the Ankara 11th Higher Criminal Court ruled to serve Türk a court summons once again instead of issuing a similar ruling for him.

On Tuesday evening, Prime Minister Recep Tayyip Erdoğan asked his Justice and Development Party's (AK Party) Central Steering Committee meeting to find a formula to avert a possible crisis. The AK Party's Burhan Kuzu, head of Parliament's Constitutional Commission and deputy head of the party's parliamentary group, Bekir Bozduğ, have started to work on a reliable exit strategy from the situation.

How to fend off the crisis

The first idea the AK Party's legal experts found was to notify the court that the DTP deputies are protected by immunities, a move that can be done by passing a resolution at the joint Constitution-Justice Committee of Parliament. However, this formula would not work after the ruling to involve the police to get the deputies to testify has been issued.

The second formula, which would also be the ideal method, would be to make changes to Article 14 and 83 of the Constitution. However, it is unlikely that the Republican People's Party (CHP), which has so far staunchly opposed all constitutional amendments proposed by the government, would back this move. For this reason, the government does not think this is a viable option.

However, according to a statement from the AK Party's Bozdağ to Today's Zaman, the government has vowed not to have a second case of the Democracy Party (DEP), another Kurdish political party shut down in 1994 when its deputies were arrested. One month before the closure of the DEP on May 11, 1994, the People's Democracy Party (HADEP) was established. However, its officials were arrested on charges of harboring and supporting the PKK, and that party was also closed down in 2003.

Bozdağ said, “The way [DEP deputy] Leyla Zana and her friends were taken out of Parliament in 1993 by the police has haunted Turkey for years. Those images from the day were not worthy of Turkey. Such images might be recreated if the DTP members are actually taken to court by the police. We are determined not to let that happen. Parliamentarians are given immunities so they can talk freely about everything. Being taken by the police is against the spirit of parliamentary immunities. We don't want to relive the DEP process.” However, he also noted that the government doesn't have the majority for a constitutional change at the moment without the CHP's support.

TCK change for DTP members

The formula that might actually save the situation might be through forming a new category in the Turkish Penal Code (TCK), the AK Party's legal experts believe, that defines crimes that fall under Article 14 of the Constitution. The AK Party's majority allows it to make changes to the TCK. However, such a move runs the risk of being challenged after enactment at the Constitutional Court by the opposition parties. Still, the government believes this might just be the formula that will work.

Another possibility is that a new ruling could be issued by the court. The AK Party legal experts say that the court decision is open to appeal. Therefore, DTP members can appeal the ruling, and the government could issue a new ruling.

However, DTP members are planning not to do anything about the process, stating that constitutional change is a requirement to fend off similar problems now and in the future.